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Case C-565/22, Sofatutor: Judgment of the Court (Seventh Chamber) of 5 October 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Verein für Konsumenteninformation v Sofatutor GmbH (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Consumer rights — Subscription of a consumer to an online learning platform — Automatic extension of the contract — Right of withdrawal)

ECLI:EU:UNKNOWN:62022CA0565

62022CA0565

October 5, 2023
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Official Journal of the European Union

Series C

C/2023/734

(Case C-565/22, (1) Sofatutor)

(Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Consumer rights - Subscription of a consumer to an online learning platform - Automatic extension of the contract - Right of withdrawal)

(C/2023/734)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant on a point of law: Verein für Konsumenteninformation

Respondent in the appeal on a point of law: Sofatutor GmbH

Operative part of the judgment

Article 9(1) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council,

must be interpreted as meaning that the consumer’s right to withdraw from a distance contract is guaranteed only once in respect of a contract for the performance of services which provides for an initial free period for the consumer after which — unless the consumer terminates or withdraws from that contract during that period — payment is required for a period that is automatically extended — unless that contract is terminated — for a fixed term, provided that, when concluding that contract, the consumer has been informed in a clear, comprehensible and explicit manner by that trader that, after that initial free period, payment will be required for that performance of services.

ELI: http://data.europa.eu/eli/C/2023/734/oj

ISSN 1977-091X (electronic edition)

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